The court has the authority and the duty to withdraw or correct its instructions to the jury if, upon reflection, it determines that an erroneous instruction has been given, regardless of whether the parties are satisfied with the instructions that were given to the jury.69 Even if the instructions given were not erroneous, the trial judge has discretionary authority to give supplemental instructions, whether or not requested by the jury, if necessary or appropriate.70
69. Sheeran v. State, 526 A.2d 886, 893-94 (Del. 1987); State v. Benton, 187 A. 609, 612 (Del. 1937).
70. Zimmerman v. State, 565 A.2d 887, 890-91 (Del. 1989); Sheeran v. State, 526 A.2d 886, 894 (Del. 1987).
© 2010 David L. Finger